Modoc Superior Court Adjournment & Extension Requirements

CRITICAL

Continuances are disfavored and require affirmative proof under Penal Code §1050 that the ends of justice require them; party agreement alone or substitution of counsel does not automatically establish good cause.

Motions to continue any hearing, including trial, are disfavored and will be denied unless the moving party, pursuant to and in accordance with Penal Code §1050, presents affirmative proof that the ends of justice require a continuance. A stipulation by all parties to continue a hearing does not, by itself, constitute good cause. Substitution of counsel does not automatically constitute good cause for a continuance.

CRITICAL

A written stipulation may substitute for a trial-continuance or trial-resetting motion only if all parties agree, the stipulation states good cause and that it is subject to Court approval, and it is accompanied by a proposed Order.

A stipulation to continue a trial, or to vacate a trial date and calendar the matter for resetting, may be accepted in lieu of a motion as long as 1) all parties agree in writing; 2) the terms of the written stipulation set forth good cause pursuant to the Standards of Judicial Administration and CRC Rule 3.1332, and further state that the stipulation is subject to approval by the Court; and 3) the stipulation is accompanied by a proposed Order.

CRITICAL

To obtain the agreed continuance, notify the Clerk in person or by telephone by 5:00 P.M. at least two court days before the hearing, then file a written confirmation before the hearing; both notices must state the parties' agreement and the new date and time.

To obtain such a continuance, the attorney or unrepresented party reporting the agreement must notify the Clerk of the Court in person or by telephone, no later than 5:00 P.M., at least two (2) court days before the scheduled hearing. (For example, if the hearing is on a Monday then the telephonic notice must be given no later than 5:00 P.M. on the preceding Thursday.) The notifying party must also file, prior to the date and time of the hearing, a written notice confirming the agreement. Both the telephonic and written notice must state that all counsel and unrepresented parties are in agreement and must state the date and time to which the hearing is continued.

CRITICAL

A motion to advance, reset, specially set, or continue a trial date must be made on written notice to all parties who have appeared and set for hearing.

Motions to advance a trial date, to reset or specially set a case for trial, or to continue a trial date must be made on written notice to all parties who have appeared, and must be set for hearing.

CRITICAL

Continuances of preliminary examinations are disfavored and require affirmative proof that the ends of justice require them; party stipulation alone is insufficient, and substituting counsel does not automatically establish good cause.

Motions to continue the preliminary examination are disfavored, and will be denied unless the moving party, pursuant to and in accordance with Penal Code §1050 and the particular statutes pertaining to continuances of preliminary examinations, presents affirmative proof that the ends of justice require the continuance. A stipulation by all parties to continue the preliminary examination, by itself, does not constitute good cause. Likewise, substitution of counsel does not automatically constitute good cause for a continuance.

CRITICAL

A plaintiff who cannot appear at a small claims hearing must contact the Clerk in advance by telephone or in writing to request a continuance, or the action will be dismissed without prejudice.

The Court will dismiss, without prejudice, any small claims action for which there is no appearance by the plaintiff at the scheduled hearing, unless the plaintiff contacts the Clerk of the Court in advance of the hearing date, either by telephone or in writing, to request a continuance.

CRITICAL

The Clerk may grant a continuance of an initial hearing date by telephone if service has been made, the parties agree on a specified date, and the request is made before 4:00 PM at least two court days before the hearing.

A continuance of the initial date for any hearing may be granted by the Clerk by telephone if (a) the moving party represents to the Clerk that service has been made and that the parties agree to the continuance to a specified date certain; and (b) the request is made before 4:00 PM at least two (2) court days before the scheduled hearing.

CRITICAL

A motion to continue a trial date must be noticed for hearing as soon as possible after the need for a continuance is ascertained.

A motion for continuance of a trial date must be noticed for hearing as soon as possible after the need for a continuance has been ascertained.

WARNING

After telephone notice, the Clerk notifies the judge and immediately informs the reporting attorney or party if the continuance will not be granted; absent that response, counsel and parties may assume it is approved.

Upon receiving the telephonic notice, the Clerk of the Court will notify the appropriate judge of the agreement to continue. If for any reason the judge will not grant the continuance, the Clerk of the Court will immediately convey that information to the reporting attorney or party. In the absence of such response, counsel and parties can assume that the continuance is approved.

WARNING

Attorneys must bring their calendars to each hearing, and a conflict with a prior commitment will not justify a continuance if the attorney did not have the calendar available when the continuance was set.

Because contested matters are often continued to another date, attorneys must bring their calendars to each hearing. If an attorney does not have his or her calendar available at the time the continuance is being set, a matter that is continued to a date that conflicts with an attorney’s prior commitment will not be continued because of said commitment.

WARNING

The parties may not stipulate to extend the previously listed deadlines except to the limited extent permitted by CRC Rule 3.110.

Except to the limited extent permitted by CRC Rule 3.110, no extensions of the previously mentioned times that are based on stipulation between the parties will be allowed.

WARNING

The Court may deny a trial-continuance request that is untimely or does not satisfy the requirements of Subpart 4.02.B.

The Court may refuse to grant a requested trial continuance if it is not timely, or if it fails to meet the requirements specified in this Subpart 4.02.B.

WARNING

If a party fails to comply with the discovery rule or an discovery order, the court may grant a continuance or other listed relief or sanctions.

In the event of a failure to comply with this Rule or an order of discovery, the Court may grant a continuance, exclude the evidence not disclosed, dismiss the case, or order any other relief or sanction available at law or under these Rules.

WARNING

The Court disfavors continuance requests unless good cause is shown.

The Court looks with disfavor on requests for continuances, unless good cause is shown.

WARNING

Failure to notify the Court of an agreed continuance before 4:00 PM at least two court days before the hearing may result in monetary sanctions.

Failure to notify the court of an agreement for a continuance before 4:00 P.M. at least two (2) court days preceding the hearing may result in the imposition of monetary sanctions.

WARNING

A stipulated extension beyond the statutory period will be allowed only on an ex parte application that complies with California Rules of Court 3.1200–3.1207 and demonstrates good cause.

The Court only upon ex parte application that 1) conforms to Rules 3.1200-3.1207 of the California Rules of Court and 2) demonstrates good cause will allow stipulated extensions of time for periods longer than permitted by statute.

WARNING

If an uncounseled defendant at arraignment is hiring or attempting to hire private counsel, the case may be continued for counsel and an initial plea; the continuance generally will not extend beyond 14 calendar days after the first appearance absent good cause for a later appearance.

In cases in which a defendant appears at arraignment without counsel and advises the Court that he or she is in the process of hiring or attempting to hire private counsel, the case may be continued for appearance of counsel and initial plea. The continuance will generally not extend beyond fourteen (14) calendar days from the date of first appearance, absent a showing of good cause for a later appearance.

WARNING

If service cannot be completed before the scheduled hearing, the plaintiff may contact the Court before the hearing date and the hearing will be continued for a reasonable time to allow service.

In many cases, service cannot be completed upon the defendant before the scheduled hearing date. If the plaintiff contacts the Court prior to the hearing date, the hearing date will be continued for a reasonable amount of time to allow for proper service upon the defendant.

WARNING

Trial dates are firm and may not be changed without Court approval.

All dates for trial are firm and no trial date will be changed without Court approval.

WARNING

A trial continuance will be granted only upon an affirmative showing of good cause.

No continuance will be granted except upon an affirmative showing of good cause (CRC Rule 3.1332; Standards of Judicial Administration).

WARNING

The Court generally grants a law-and-motion hearing continuance when all counsel and self-represented parties agree both to the continuance and to its new date and time.

The Court generally will grant a continuance of a hearing on the law & motion calendar if all counsel and parties in propria persona are in agreement that such hearing be continued, and are in agreement as to the date and time to which the matter will be continued.

WARNING

If both parties in good faith believe a Family Law & Motion calendar matter cannot be completed within 15 minutes, they must inform the Court when the matter is called; the Court may continue it to its long-cause calendar or make another appropriate order.

If both parties believe in good faith that the matter cannot be completed within fifteen (15) minutes, they must so inform the Court at the time the matter is called. The Court may then continue the matter to another date on its long-cause calendar, or make other appropriate orders.

WARNING

A pretrial or settlement conference will not be continued unless actual good cause is shown.

The pretrial or settlement conference will not be continued without actual good cause shown.

WARNING

After counsel notifies the Clerk that an extended hearing is required, the Court may continue the matter to a date and time certain.

In the event that counsel determines that the matter will require more than a total of 15 minutes, or will require the taking of evidence, counsel must notify the Clerk of the Court, no later than the third court day prior to the day set for hearing, that the matter requires an extended hearing, in which case the matter may be continued by the Court to a date and time certain.